Flight delay and cancellation compensation, BA ONLY

greyraccoon

To briefly follow up on my post above concerning my delay due to slow de-icing of the plane, BA have agreed without any argument to pay the compensation. Thought I might have a struggle, but this proves that they can't or won't use weather as an excuse if the delay could have been prevented nonetheless.

NoviceAngel

greyraccoon wrote: »

To briefly follow up on my post above concerning my delay due to slow de-icing of the plane, BA have agreed without any argument to pay the compensation. Thought I might have a struggle, but this proves that they can't or won't use weather as an excuse if the delay could have been prevented nonetheless.

An excellent result and thanks for letting us know, I think BA are definitely one of the most respected airlines on here, I read very little about issues with BA compared to the other airlines, well done you and well done BA

Cheers,

NoviceAngel:beer:

Dr_Watson

......done. Nice tidy page 1. ...for now.

Donny_fan

Hello all.

I have been plugging away at my claim against BA, who have declined my case 5 times, but today they have confirmed I am indeed entitled to compensation! ( I knew I was! ) I arrived at Las Vegas 5 and half hours late, however, their recent response is only offering me half the amount as they say I was delayed less than 4 hours! My original letter to them clearly showed how long my delay was. Does anyone think they just chancing their luck that I will accept this?

thanks in advance for any answers.

mark9876

Hello - any advice on the following would be greatly appreciated:

I was checked in and waiting to board BA0641 flight from Athens to Heathrow on 23 February when it was announced that the flight would not be departing and everyone should go back land side, go to the BA desk to rebook their flights.

There was one person at the desk and about 300 passengers so as I needed to get back, I managed to book another flight with Aegean at my own expense and got back to Heathrow about 6 hours late. The vast majority of the people in the queue were eventually sent off to a hotel and flew back the next day on BA0641 which despite the initial announcement suggesting it had been cancelled, did eventually fly some 20 hours late.

BA have given me a 'final response' that I am not entitled to the statutory compensation as I did not return on BA0641.

I have searched Google but can not find any reference to this scenario, is there any truth in what they are saying or should I take them to the small claims court ?

Thanks for your help.

Mark

Caz3121

whether compensation is due depends on what the reason for the original delay
In the case of delay, if a flight is delayed over 5 hours then you can receive a refund for the flight and compensation
It is covered in the regulations http://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0004.02/DOC_1&format=PDF

NoviceAngel

Caz3121 wrote: »

whether compensation is due depends on what the reason for the original delay
In the case of delay, if a flight is delayed over 5 hours then you can receive a refund for the flight and compensation
It is covered in the regulations http://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0004.02/DOC_1&format=PDF

Absolutely, and something that is often missed, it was only recently that JP pointed this out to me, and then I think Vauban educated him. Who educated Caz?

mark9876

Caz3121 wrote: »

whether compensation is due depends on what the reason for the original delay
In the case of delay, if a flight is delayed over 5 hours then you can receive a refund for the flight and compensation


Hi, thanks for the link.

The flight was delayed because of 'technical difficulties'. They are not claiming there was exceptional circumstances and have said verbally that had I returned on the delayed flight I would be entitled to statutory compensation.

They say the reason I am not entitled to compensation is just that I made my own way back rather than returning on the delayed flight, there exact wording was:

"As previously discussed, we’ve refused your claim because our records show you didn’t travel on our delayed flight, BA0641 on 23 February 2015.
Under EU Regulation 261/2004, we’re not liable for a compensation payment in this situation. I’m sorry to disappoint you."

I can't see anything in the link that references BA's claim unless I'm missing something ?

Thanks again for your help.

Regards

Mark

NoviceAngel

mark9876 wrote: »

I can't see anything in the link that references BA's claim unless I'm missing something ?

Thanks again for your help.

Regards

Mark

Hi Mark,

Yes you've missed something.........


Article 6
Delay
1. When an operating air carrier reasonably expects a flight
to be delayed beyond its scheduled time of departure:
(a) for two hours or more in the case of flights of 1 500 kilometres
or less; or
(b) for three hours or more in the case of all intra-Community
flights of more than 1 500 kilometres and of all other
flights between 1 500 and 3 500 kilometres; or
(c) for four hours or more in the case of all flights not falling
under (a) or (b),
passengers shall be offered by the operating air carrier:
(i) the assistance specified in Article 9(1)(a) and 9(2); and
(ii) when the reasonably expected time of departure is at least
the day after the time of departure previously announced,
the assistance specified in Article 9(1)(b) and 9(1)(c); and
(iii) when the delay is at least five hours, the assistance specified
in Article 8(1)(a).

Caz3121

mark9876 wrote: »

The flight was delayed because of 'technical difficulties'. They are not claiming there was exceptional circumstances and have said verbally that had I returned on the delayed flight I would be entitled to statutory compensation.

They say the reason I am not entitled to compensation is just that I made my own way back rather than returning on the delayed flight, there exact wording was:

under Article 6 iii
Once the flight is 5 hours delayed you do not have to travel to still qualify for compensation
this may be down to the wording of the request and when you would have known the delay was over 5 hours and what happened with the other passengers....if they rebooked them and got them to the destination within 3 hours there would be no compensation for them or you